Sometimes the most important evidence in your case isn’t in your possession — it’s in someone else’s. A bank. An employer. A phone carrier. A school. A medical provider. The other parent’s accountant.
The good news: you don’t have to rely on the other side to hand it over voluntarily. Texas gives pro se litigants the same subpoena power that attorneys have. You can compel third parties to produce documents — and that can change everything.
What Is a Subpoena?
A subpoena is a court-issued command requiring a person or entity to either appear and testify (subpoena ad testificandum) or produce documents and records (subpoena duces tecum). In Texas family law, the subpoena duces tecum — for records — is the one you’ll use most often.
When properly issued and served, a subpoena has the force of a court order. Ignoring it can result in contempt of court for the recipient.
What Records Can You Subpoena?
Almost anything held by a third party that is relevant to your case. Common examples include:
- Bank records — account statements, wire transfers, deposit history — invaluable for proving hidden income or assets
- Employment records — pay stubs, W-2s, employment history — critical for child support calculations
- Phone records — call logs and text records from the carrier — useful in cases involving harassment, communication violations, or proving the other parent’s whereabouts
- Medical records — relevant to custody cases involving a parent’s physical or mental health, or a child’s medical needs
- School records — attendance, grades, teacher communications — useful in custody disputes about a child’s stability and involvement
- Tax returns from the IRS or state agencies — when the other side’s reported income doesn’t match their lifestyle
- Social media records — some platforms will respond to properly issued subpoenas for account activity
How to Issue a Subpoena in Texas
The process in Texas family court generally works like this:
- Obtain a subpoena form — the clerk of your court can provide the form, or you can access it through eFileTexas
- Fill it out precisely — identify exactly what records you want, the time period covered, and the entity being subpoenaed. Vague subpoenas get objected to and quashed.
- Get it issued — in Texas, attorneys can issue subpoenas as officers of the court. As a pro se litigant, you typically need the clerk to issue it, or in some courts you may be able to issue it yourself. Check your local rules.
- Serve it properly — subpoenas must be served in accordance with the Texas Rules of Civil Procedure. For businesses, this typically means serving a registered agent or authorized representative.
- Allow adequate time — give the recipient reasonable time to respond. Most subpoenas set a return date at least 10–14 days out, often longer for large record requests.
Dealing With Objections
The recipient of a subpoena can object or move to quash it — meaning they ask the court to cancel it. Common grounds include that the request is overly broad, seeks privileged information, or is unduly burdensome.
If you draft your subpoena narrowly and specifically, you reduce the risk of a successful objection. If the other side objects, you’ll have the opportunity to respond and let the court decide.
Subpoenaing the Other Party’s Records vs. Third Parties
Note that subpoenas are for third parties — not the other parent directly. For records in the other parent’s possession, you use Requests for Production (part of the discovery process). Subpoenas are your tool for getting records from banks, employers, carriers, and other outside entities who aren’t parties to your case.
Get It Right the First Time
A subpoena that’s improperly drafted or served can be challenged, delayed, or quashed — and you may only get one shot before the other side knows what you’re looking for. I help my students draft subpoenas that are specific, properly formatted, and strategically targeted.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach